June 24, 2009

Texas Medical Board New Rules June 2009

The following is a summary of the changes effective on June 24, 2009. Click here for the complete board rules.

Chapter 162, Supervision of Medical School Students, with amendments to §162.1 Supervision of Medical Students, which clarifies the intent of the amendment previously adopted, which became effective on March 9, 2009. The Board determined that the revised language was necessary based on questions received regarding interpretation.

Chapter 165, Medical Records, with amendments to §165.3, Patient Access to Diagnostic Imaging Studies in Physician’s Office, which expands the rule to include non-static diagnostic imaging studies and imaging studies that are maintained in electronic format. The Board determined that the rule change was necessary to clarify the definition of diagnostic imaging studies for the purpose of releasing such records to requestors for medical records.

Chapter 173, Physician Profiles, with amendments to §173.1, Profile Contents, which requires that the profile of each licensed physician shall contain the physician's full name as the physician is licensed. The Board determined that the change was necessary to allow the Board to appropriately track all physicians licensed by the Board rather than allowing physicians to identify themselves under multiple names when submitting documents to the Board.

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June 15, 2009

Texas Medical Board Disciplines 71 Doctors

Since its April board meeting, the Texas Medical Board has taken disciplinary action against 71 licensed physicians.
The actions included 15 violations based on quality of care; 11 actions based on unprofessional conduct; two nontherapeutic prescribing violations; six agreed orders based on inadequate medical records violations; one action based on impairment due to alcohol or drugs or mental/physical condition; four actions based on other states’ or entity’s actions; one action based on failure to properly supervise or delegate; two actions based on peer review actions; two actions based on violation of probation or prior order; one agreed order modifying a prior order; and five voluntary surrenders. Twenty-one physicians entered into administrative orders for minor statutory violations.

At its May 28-29 meeting, the board issued 526 physician licenses.

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May 12, 2009

Texas Medical Board Suspends License of Rodney Dotson, M.D.

The Texas Medical Board entered an Automatic Suspension Order against Rodney Norman Dotson, M.D., license number D9988, on Monday, May 4, after determining that Dr. Dotson had violated a previous disciplinary order.

The February 8, 2008, Mediated Agreed Order required, among other provisions, that Dr. Dotson take and pass the Special Purpose Examination. The 2008 order also contained a provision that, after a proper hearing, if a Board panel found that Dr. Dotson had violated this term of the 2008 order, his license could be automatically suspended.

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May 6, 2009

TMB May 2009 Board Rules Changes

The following is a summary of the changes effective on May 6, 2009. Click here for the complete board rules.

Chapter 166, Physician Registration, with amendments to §162.2 Continuing Medical Education, would allow members of the Board’s Expert Physician Panel up to 12 hours of formal continuing Medical Education for time actually spent in reviewing standard of care cases and providing a report to the board.

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April 15, 2009

Texas Medical Board Subjected to Hearing

A bill that was the subject of a 5½-hour hearing would sharply curtail the powers of the Texas Medical Board if it becomes law.

Backers argued that it would bring much-needed transparency and provide greater fairness to doctors whom, some say, the board is persecuting. They especially raised concerns about practitioners of alternative medicine and those who treat conditions such as autism.

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March 9, 2009

Texas Medical Board March 2009 Board Rules Changes

The following is a summary of the changes effective on March 9, 2009.
Click here for the complete board rules.

Chapter 162, Supervision of Medical School and Physician Assistant Student, with amendments to §162.1, Supervision of Medical Students, provides for the supervision of a medical student who is not enrolled at a Texas medical school as a full-time student or visiting student.

Chapter 171, Postgraduate Training Permits, repeals §171.7, Inactive Status, repeals a provision that recognizes an inactive status of a physician in training permit.

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March 9, 2009

Beaumont Doctor Sentenced For Improperly Touching Two Girls

A Houston judge is sentencing a Beaumont cardiologist on charges he molested two girls, and although Dr. Jeffrey Klem will not receive jail time, the doctor will be placed on probation and must write a letter of apology to the girls.

Dr. Klem is receiving five years deferred adjudication on each charge of Injury to a Child. Under the terms of a plea agreement, he will not have to register as a sex offender.

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February 17, 2009

California Surgeon Charged With Molesting Patients

A California doctor accused of molesting female patients during medical procedures has been ordered to stop practicing medicine until further notice.

Dr. Peter Chi, has turned in his license, according to the Medical Board of California. He previously had been ordered by a San Joaquin County judge to stay away from the Beauty Renewed Laser Skin Center, where he served as the medical director.

Chi, a cosmetic surgeon, made his first court appearance and is out on $100,000 bail. He has been charged with seven counts of sexual battery by fraud, one count of sexual battery and three counts of rape by a foreign object.

A total of eight women, said that they were violated during cosmetic surgery procedures or postoperative exams at his clinic between September 2007 and December 2008. Most of the women, who were 25 to 39 years old at the time, were unconscious while the molestation occurred.

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February 10, 2009

F.D.A. to Restrict Prescriptions of Narcotics

According to federal drug officials, many doctors may lose their ability to prescribe 24 popular narcotics as part of a new effort to reduce the deaths and injuries that result from these medications inappropriate use.

A new control program will result in restrictions on the prescribing, dispensing and distribution of extended-release opioids like OxyContin, fentanyl patches, methadone tablets and some morphine tablets.

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February 10, 2009

Texas Medical Board Disciplines 33 Doctors

At its February 5-6 meeting, the Texas Medical Board took disciplinary action against 32 licensed physicians; in addition, the board has issued one temporary suspension since its last meeting.

The actions included 11 violations based on quality of care; seven actions based on unprofessional conduct; one mediated agreed order modifying a prior order; three actions based on other states’ actions; four actions based on inadequate medical records violations; two actions based on impairment due to alcohol or drugs or mental/physical condition; one advertising violation; and four voluntary surrenders. The board also accepted the voluntary surrender of one surgical assistant’s license.

At its February 5-6 meeting, the Texas Medical Board issued 399 physician licenses.

For further information click here.

December 27, 2008

Texas Medical Board Update

The Texas Medical Board (TMB) is charged with licensing physicians and enforcing the Texas Medical Practices Act. During the 2007 session and interim, TMB has been under intense legislative scrutiny for administrative, enforcement, and licensure issues. Last session, lawmakers increased the agency’s appropriation by $3.4 million — to $18.4 million for the biennium — so it can better manage the backlog of license applications. In exchange, the board was directed to cut the average processing time for a new license to 51 days. TMB reports it has met this goal and initiated an online application process to further speed up licensure.

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December 26, 2008

Texas Medical Board Falling Behind On Complaints

Medical malpractice reform enacted five years ago succeeded in cutting the number of lawsuits against doctors and increasing the number of physicians working in Texas.

But state medical board investigators say it also left them with an unbearable workload.

While the Texas Medical Board's staffing increased 28 percent from 112 employees in fiscal 2002 to 143 in fiscal 2008, physician and patient settlements through the board have increased 202 percent, according to the board's statistics.

In next year's legislative session, the TMB will be asking for 11 additional full-time workers to help with investigating and resolving complaints against doctors.

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December 26, 2008

Texas Medical Board Falling Behind On Complaints

Medical malpractice reform enacted five years ago succeeded in cutting the number of lawsuits against doctors and increasing the number of physicians working in Texas.

But state medical board investigators say it also left them with an unbearable workload.

While the Texas Medical Board's staffing increased 28 percent from 112 employees in fiscal 2002 to 143 in fiscal 2008, physician and patient settlements through the board have increased 202 percent, according to the board's statistics.

In next year's legislative session, the TMB will be asking for 11 additional full-time workers to help with investigating and resolving complaints against doctors.

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December 22, 2008

Texas Medical Board Implements New Rules

Rule Changes Adopted
The board adopted the following rule changes that were published in the Texas Register:

Chapter 163, Licensure, amendments to §163.5, Licensure Documentation.

Chapter 165, Medical Records, amendments to §165.1, Medical Records; §165.5, Transfer and Disposal of Medical Records.

Chapter 166, Physician Registration, amendments to§166.2, Continuing Medical Education; and §166.6, Exemption from Registration Fee for Retired Physician Providing Voluntary Charity Care.

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December 21, 2008

Texas Medical Board Disciplines 59 Doctors and Issues 479 Physician Licenses

Since its last board meeting, the Texas Medical Board took disciplinary action against 59 licensed physicians. The actions included 13 violations based on quality of care; two actions based on unprofessional conduct; three actions based on violations of probation or prior orders; three actions based on other states’ actions; six actions based on inadequate medical records; four actions based on impairment due to alcohol or drugs or mental/physical condition; two actions based on nontherapeutic prescribing; two actions based on failure to properly supervise or delegate; one action based on a criminal conviction; three voluntary surrenders; two violations of failure to obtain required continuing medical education; two administrative agreed orders; and 12 licensees agreed to enter into administrative orders with the board for minimal statutory violations.

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December 11, 2008

Texas Medical Board Temporarily Restricts Doctor's License

A panel of the Texas Medical Board temporarily restricted the license of a doctor based in Conroe, after determining that the doctor’s unrestricted practice of medicine presents a continuing threat to the public welfare.

The action was based on the panel’s findings that the doctor was responsible for violations in the standard of care, nontherapeutic prescribing, prescribing to persons who were known or should have been known to be engaged in substance abuse or diversion, and his failing to adequately supervise the activities of persons operating under his supervision. These findings were made as the result of a criminal investigation involving patients who had obtained narcotics prescriptions from clinics under the doctor's medical direction.

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November 19, 2008

Texas Medical Board Suspends License of a Houston Doctor

A panel of the Texas Medical Board has temporarily suspended the license of Eli T. Anderson, M.D., license #E6214, of Houston , after determining that Dr. Anderson's continuation in the practice of medicine presents a continuing threat to the public welfare.

The action was based on evidence the board received that Dr. Anderson tested positive for a cocaine metabolite in June, 2008, while undergoing drug testing required as a condition of his placement on five years deferred adjudication probation for possession of cocaine, a third degree felony, in Clay County, Texas, in June, 2005. In 2007, Dr. Anderson was again arrested in Lubbock for possession of drug paraphernalia. In addition, at the Board's temporary suspension hearing, Dr. Anderson admitted on the judicial record that he had used cocaine since 2002, and that he had used cocaine as recently as November, 2008.

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October 29, 2008

Texas Medical Board Suspends License of a Dallas Doctor

A panel of the Texas Medical Board suspended the license of Harold Clay Henderson, M.D., of Dallas, license number G3937, after determining that Dr. Henderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.

The temporary suspension hearing took place Monday, October 27, under the Board’s authority, granted by S.B. 104 of the 78th Legislature, to suspend or restrict a physician’s license without notice when it determines the physician’s continuation in practice would constitute a continuing threat to the public welfare. The suspension is effective immediately.

The action was based on the panel’s finding of Dr. Henderson’s inability to safely practice medicine due to intemperate use of drugs or alcohol, or mental or physical disability. The panel also found that Dr. Henderson had aided and abetted the unlicensed practice of medicine by employing a physician in his office whose licensed was suspended.

The length of a temporary suspension is indefinite and it remains in effect until the board takes further action.

Also on Monday, a panel of the board temporarily restricted the license of Donald Delmer Pope, M.D., license #F4386, of Brownwood.

The action was based Dr. Pope’s guilty plea to a felony charge of aggravated sexual assault of a female under 14, and his receiving eight years of deferred adjudication as a sex offender. The restriction requires that Dr. Pope have no contact with any female patient under 17 and that he have an independent medical evaluation, follow the evaluating psychiatrist’s recommendations and submit the treating psychiatrist’s reports to the board.

The temporary restriction is effective immediately and remains in effect until the board takes further action.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

October 22, 2008

Changes at the Texas Medical Board

The Texas Medical Board has named Alan T. Moore, M.D., as interim medical director of the agency.

Dr. Moore graduated with honors from the University of Texas at Austin and received his medical degree from the U.T. Southwestern Medical School, where he was a member of Alpha Omega Alpha Honor Society. He completed his anatomic and clinical pathology residency at Parkland Memorial Hospital in Dallas, where he served as chief resident during his fourth year. He also completed a hematopathology fellowship at Parkland.

Dr. Moore is board certified in anatomic pathology, clinical pathology and hematopathology. He has practiced in Austin for more than 20 years and has served as president of Clinical Pathology Associates as well as on the board of Clinical Pathology Laboratories; medical director of Seton Medical Center Laboratory; chief of Staff at Seton Medical Center; and president of the Texas Society of Pathologists. He has also served as the transplant pathologist for the Seton Medical Center Cardiac Transplant Program.

The board also named Mari Robinson, J.D., interim Executive Director of the agency following the retirement of former executive director Donald W. Patrick, M.D., J.D. Robinson began her career at TMB as a litigation attorney in 2001 and has served as Director of Enforcement since 2006.

State law requires that, if the agency executive is a non-physician, a medical director be hired.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

October 16, 2008

Texas Medical Board Disciplines 34 Doctors and Issues 276 Physician Licenses

At its October 9-10 meeting, the Texas Medical Board took disciplinary action against 34 licensed physicians.
The actions included three violations based on quality of care; two actions based on unprofessional conduct; one action based on violation of probation or prior order; one action that terminated a prior suspension; two actions based on other states’ actions; one action based on inadequate medical records violations; two actions based on impairment due to alcohol or drugs or mental/physical condition; five actions based on non-therapeutic prescribing; two actions based on failure to properly supervise or delegate; two actions based on criminal convictions; three voluntary surrenders; and 10 licensees agreed to enter into administrative orders with the Board for minimal statutory violations. In addition, the board issued two cease and desist orders against unlicensed individuals.
At its October 9-10 meeting, the Texas Medical Board issued 276 physician licenses.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

October 1, 2008

Texas Medical Board Suspends License of Houston Doctor

A panel of the Texas Medical Board suspended the license of Nancy Louise Anderson, M.D., license number F7350, after determining that Dr. Anderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.

The action was based on the panel’s findings of violations of a 2008 Mediated Agreed Order, which required, among other provisions, that Dr. Anderson submit to random alcohol and drug screenings to ensure abstinence; participate in Alcoholics Anonymous programs and activities; obtain an independent medical evaluation within a prescribed time period; and cooperate with Board staff. The immediate suspension of Dr. Anderson’s license was based on her violations of the 2008 order by failing to submit to alcohol and drug screenings, failing to attend AA meetings, failing to obtain the medical examination, and failing to cooperate with the Board.

The action took place on Friday, September 26. The length of an automatic suspension is indefinite and it remains in effect until the board takes further action.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

October 1, 2008

Texas Medical Board Suspends License of Houston Doctor

A panel of the Texas Medical Board suspended the license of Nancy Louise Anderson, M.D., license number F7350, after determining that Dr. Anderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.

The action was based on the panel’s findings of violations of a 2008 Mediated Agreed Order, which required, among other provisions, that Dr. Anderson submit to random alcohol and drug screenings to ensure abstinence; participate in Alcoholics Anonymous programs and activities; obtain an independent medical evaluation within a prescribed time period; and cooperate with Board staff. The immediate suspension of Dr. Anderson’s license was based on her violations of the 2008 order by failing to submit to alcohol and drug screenings, failing to attend AA meetings, failing to obtain the medical examination, and failing to cooperate with the Board.

The action took place on Friday, September 26. The length of an automatic suspension is indefinite and it remains in effect until the board takes further action.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

September 12, 2008

Texas Licenses A Record Number of Doctors

Texas Medical Board After facing a statewide doctor shortage for years, the Texas Medical Board said it issued a record number of medical licenses this past fiscal year.

The 3,621 doctors licensed in fiscal 2008 beat last year's record-setting 3,324. The number of licenses issued in the state has jumped almost 44 percent in two years, according to the medical board.

The board had grappled with a surge in applications that created a backlog of more than 2,000 applicants seeking a medical license to practice here.

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September 10, 2008

Texas Medical Board Disciplines 48 Doctors and Issues 700 Physician Licenses

At its August 27-29 meeting, the Texas Medical Board took disciplinary action against 48 licensed physicians.

The actions included 12 violations based on quality of care; six actions based on unprofessional conduct; three actions based on violation of probation or prior board order; nine actions based on inadequate medical records violations; five actions based on impairment due to alcohol or drugs or mental/physical condition; one action based on non-therapeutic prescribing; one action based on failure to properly supervise or delegate; five voluntary surrenders; one order modification; two temporary suspensions and three administrative orders based on minimal statutory violations. In addition, the board issued two cease and desist orders against unlicensed physicians. At its meeting July 25, the Texas Physician Assistant Board took action against two physician assistants.

At its August 27-29 meeting, the Texas Medical Board issued 700 physician licenses, for a total of 3,621 physician licenses issued in Fiscal Year 2008. (See previous release at http://www.tmb.state.tx.us/news/press/2008/090808a.php )

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

August 1, 2008

Texas Medical Board Disciplines 48 Physicians

Fort Worth: The Texas Medical Board (TMB) has disciplined a Fort Worth doctor for failing to keep adequate medical records.

Dr. Bill E. Weldon’s probationary term, has been extended with this action. The initial probation was ordered by the TMB after a patient to whom the doctor prescribed drugs accidentally died.

Weldon was among 48 Texas doctors recently disciplined by the TMB, including two others in Tarrant County.

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June 7, 2008

Texas Medical License and LIST

The Texas Medical Board implemented this month, the Licensure Inquiry System of Texas, (LIST), an online license application tracking system that is designed to reduce the time required to process and issue physician licenses in Texas.

LIST allows applicants to communicate with TMB via internet access and the system creates an easily accessible archive of all such communication between TMB and the applicant.

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May 13, 2008

Texas Medical License Violation Fast Track

Texas Medical Board (TMB) has adopted a new “fast-track” procedure that will allow doctors facing discipline for relatively minor administrative violations to quickly resolve the matter.

Physicians who choose to participate in the new fast-track system can agree to administrative charges and pay a fine, rather than undergo a full investigation. A doctor who challenges the charges can dispute the violation in writing and the case will be reviewed by a committee. The physician may opt out of fast-track entirely and challenge the charges through TMB’s traditional investigation and litigation process.

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May 1, 2008

Weight Loss Doctor License Suspended

Texas Medical Board (TMB) suspended the license of Roberto Zayas Jr., M.D., , after ruling that Dr. Zayas’ continuation in the practice of medicine would present a continuing threat to the public welfare. The temporary suspension hearing was held with notice on Monday, April 28.

The action was based on the finding that Dr. Zayas was responsible for weight-loss clinics at many locations where diet drugs are provided to patients without Dr. Zayas ever seeing the patients or reviewing their charts. The panel found that patients are receiving injections of Adenosine Monophosphate for weight loss, and this drug is not indicated or approved for weight loss.

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April 25, 2008

Texas Medical Board April Bulletin

The Texas Medical Board (TMB) took disciplinary action against 66 licensed physicians. Actions included 19 violations based on quality of care; 12 actions based on unprofessional conduct; 7 actions based on violation of probation or prior board order; 9 actions based on inadequate medical records violations; 3 actions based on impairment due to alcohol or drugs; 2 actions based on non-therapeutic prescribing; 3 actions based on other states' actions; 1 action based on peer review action; 3 miscellaneous actions; and 7 administrative orders based on minimal statutory violations.

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April 3, 2008

Doctor License Suspended: Failed SPEX

Texas Medical Board (TMB) suspended the license of Beauford Basped, D.O., license of Fort Worth, after a hearing in which the panel determined Dr. Basped had violated previous orders.

The action was based on Dr. Basped’s failure to comply with an agreed order dated April 20, 2007, requiring him to take and pass the Special Purpose Examination (SPEX), a test for basic medical knowledge, and complete the Center for Personalized Education for Physicians Program (CPEP) within 12 months.

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February 16, 2008

Texas Medical Board February Bulletin

Texas Medical Board issued 672 physician licenses in February, while reducing licensure processing time, and disciplined 50 physicians.

Texas issued a large number of medical licenses, also the board is moving towards meeting its legislative mandate to reduce the time it takes to issue a license; the average time for processing is down to 67.5 days, from a high of more than 90 before last year’s legislative action to increase agency staff and resources to improve licensure processing times.

The Texas Medical Board took disciplinary action against 50 licensed physicians.

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February 15, 2008

Texas Medical Board Suspends License

The Texas Medical Board panel suspended the license of Dennis Donald Roberts, M.D., after ruling that Dr. Roberts’ continuation in the practice of medicine would present a continuing threat to the public welfare.

The temporary suspension hearing took place under the Board’s authority, granted by S.B. 104 of the 78th Legislature, to suspend or restrict a physician’s license without notice when it determines the physician’s continuation in practice would constitute a continuing threat to the public welfare. The suspension is effective immediately.

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